WEBSITE TERMS OF USE

1. This website, www.dionim.com, including its applications and tools (the “Website”), is owned by DIONIM. Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site and is not intended to be used by children. DIONIM does not sell products for purchase by children. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or legal guardian. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you.

BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

These Terms were last updated: January 3, 2017

Creating and Using a Website Account

You are not required to establish an account in order to make purchases through the Website. However, in order to establish a Website account (if such functionality is available), visit the “Create Account” page on the Website and enter the required information, including, without limitation, your name, company name (if applicable), your email address and other contact information, and a valid address and related information. We will email a confirmation of your log in information to the email address you provided upon registration.

You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. Further, you must provide accurate and truthful information about yourself and your company (if applicable), and you must update that information from time to time as necessary to keep the information current and accurate. You are responsible for all activities occurring under your Website account and for keeping your password and other Website account information confidential. If you suspect someone is accessing or using your Website account without your permission or if you need to change your password or account information, please login to your account and go to the “My Account” page.

Materials on the Website

The Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of DIONIM. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent of DIONIM.

You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.

Termination or Suspension of a Website Account

You agree that DIONIM, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) DIONIM believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances DIONIM deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that DIONIM shall not be liable to you or any third party for any termination or suspension of your access to the Website. If DIONIM terminates, suspends, or disables your Website account, you remain obligated to pay DIONIM for all unpaid purchases made prior to the termination or suspension of your Website account.

Purchasing Products Using an Account

If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account.

Purchasing Products without Using an Account

If you do not have a Website account, you may purchase products as a guest, without logging in, by providing billing, shipping and related information as requested by DIONIM at the time of purchase. Each time you make a purchase in this manner, you must provide accurate contact information so you may be contacted regarding your purchase, if necessary, and you must agree to these Terms and any other applicable purchase terms set forth in the checkout process.

Methods of Payment

You may use the methods of payment to purchase products through the Website as identified on the Website upon checkout. All payments are accepted only in U.S. dollars. If you use a payment card issued from a bank outside the U.S., you acknowledge that you are responsible for fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.

Order Fulfillment

Products ordered from the Website may be fulfilled by one or more of our subsidiary or affiliated entities. The appropriate DIONIM entity that fulfilled your order will be listed on your receipt. If your order is fulfilled by more than one entity, you will receive a receipt from each applicable entity for the products fulfilled by that entity.

Product Availability

We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.

Product Information

We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

Features on the Website

DIONIM may from time to time make available additional features on the Website. Those features are subject to these Terms and any other applicable terms and conditions associated with them on the Website, as those may be updated form time to time by DIONIM.

Changes to the Website and Products

We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, in our sole discretion.

Restrictions on Use

We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes:

  • requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users;
  • accessing or using anyone else’s Website account;
  • creating a deep-link to the Website, using any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
  • inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website;
  • acting in any manner that disrupts or interrupts users’ real-time experience on the Website;
  • hacking or defacing any portion of the Website;
  • interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
  • modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website;
  • attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto;
  • using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
Indemnification

You agree to defend, indemnify, and hold harmless DIONIM and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by DIONIM (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Website or Material, or (c) your violation of any intellectual property rights of DIONIM or any third party.

Hyperlinks

This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. DIONIM has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Website, unless expressly permitted by DIONIM in writing.

Damage to Others

You agree not to introduce into or through this Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Modification of these Terms

DIONIM may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that DIONIM may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions.

General Terms

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

These Terms do not create any fiduciary relationships between you and DIONIM, service providers or other companies that assist with providing the products or operating the Website. These Terms do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, the terms and covenants contained in these Terms which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire.

All rights not expressly granted in these terms are reserved by DIONIM. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of DIONIM or any other person or entity.